FAQ for SWHOA

Remember Shashi, Southern Walk is closer to around 1100 homes, not over 3,000.

And yes, if we do nothing and remove/purchase the exclusivity both Verizon and Comcast would have the ability to enter the neighborhood (general concept). But I still do not think they will rush to make this happen. Certain parts of the community (the easy spots) may have to wait a month or two...some parts a year or longer. That is just my concern and not a fact. Also, while all of this waiting is happening, Openband could raise prices 5% or they could raise them 20% (around Nov this year). Again, my concern and not a fact.

I like a little more certainty and if we can get a commitment for wires to be laid for the entire community by a certain date shortly after the exclusivity is removed... and a "smoother" transition can happen, I like that idea better than the alternative. We would know the prices and length of commitment up front. Beyond that (lets assume 3 years), then each home can do what they want, wait for another provider to wire, go back to Openband or some combination.

It is not a perfect solution but better for the community I believe. I am making some of my own assumptions and putting some "faith" in the current Board. The crap that happened with the bylaw changes were just that... but like I said, I am tired of sitting back and complaining and not interested in personally suing the Board and going down that path again. You can feel free to try again.

For now, the atmosphere does not feel as adversarial as it did before so my efforts and interest really revolve around doing the best we can for the community. The problem with Openband looking to sell is that their infrastructure is not compatible with the other main providers... why buy something you can't use?

A bulk commitment isn't going to make construction speed up... it could improve a start date... but they are going to run wire at the same speed. If anything it would complicate when you could get service since they'd are working with the whole... and not just a street at a time, etc.

And yes, if we do nothing and remove/purchase the exclusivity both Verizon and Comcast would have the ability to enter the neighborhood (general concept). But I still do not think they will rush to make this happen. Certain parts of the community (the easy spots) may have to wait a month or two...some parts a year or longer. That is just my concern and not a fact.

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Lets assume, we pay off the $1.08 mil OB fees on March 31, 2018 and our HOA signed a new bulk billing arrangement with Verizon to go into effect on April 1st, 2019. When do you think Verizon will be able to turn off services to the community? Not for several months --with or without the bulk billing arrangement.

OBs exclusive easement rights have to be removed permanently in the legal system and land records before other service providers can start wiring the neighborhood.

I dont understand why waiting for a few months for Verizon/Comcast to provide service is a problem? Are you suggesting the OB will turn off the spigot and leave the community dry on the day we pay them the million $$?

Also, while all of this waiting is happening, Openband could raise prices 5% or they could raise them 20% (around Nov this year). Again, my concern and not a fact.

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I am not concerned about OB raising prices. Its their choice, to compete in the open market or perish. We have no control on their business decisions.

[I like a little more certainty and if we can get a commitment for wires to be laid for the entire community by a certain date shortly after the exclusivity is removed... and a "smoother" transition can happen, I like that idea better than the alternative. We would know the prices and length of commitment up front. Beyond that (lets assume 3 years), then each home can do what they want, wait for another provider to wire, go back to Openband or some combination.

It is not a perfect solution but better for the community I believe. I am making some of my own assumptions and putting some "faith" in the current Board. The crap that happened with the bylaw changes were just that... but like I said, I am tired of sitting back and complaining and not interested in personally suing the Board and going down that path again. You can feel free to try again.

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I have no problem with your views and your "faith" in the board.

But, are you sure your "faith" is grounded in reality? Are you certain the HOA has not violated any Association documents and State laws in amending the bylaws? Are you sure the HOA has the right to enter into any bulk billing arrangements? Are you sure the association's actions will stand the test of a trial?

I can assure the answer is no to all questions. And if anyone chooses to challenge the association, we all loose.

If the HOA is worried about OB turning off the services, the prudent action this association can take is Negotiating with OB that service guaranteed for a certain time after the exclusive easements are removed.

The prudent and honorable thing for the SWHOA to do is disband immediately and return all money collected from this ill advised, Don Quijote type attempt to give Open Band over a million dollars from the community for its easment. The dirty secret is that the stated purpose for forming the SWHOA has already ended. Let the free market decide what type of internet is available to our community. The new idea of "central planning" by this self-appointed group (that lost in embarrassing fashion every time they went to court against Open Band as our neighbors in Landsdowne won with the same set of facts) is not in our community's long term interests. Let every homeowner decide for themselves what type of internet provider they want. If, in the future, we decide we want to come up with a collective group to represent our interests, we will vote in a group with the necessary legal/technical expertise and business acumen. In the meantime, the individual homeowners are much better deciders on how to spend their personal money than this self-appointed Board that is clearly in way over its head against Open Band.